Draft Min 5-10-04«~
~*
MINUTES
"" REGULAR CITY COMMISSION MEETING
May 10, 2004
~ CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Parsons was followed by The Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of Apri126,
2004
Commissioner Simmons requested that paragraph five, on page 8 of the
minutes be amended as follows: ...Old Atlantic Beach over the weekend
and had six signs, of which five were off-site and illegal.
Motion: Approve Minutes of the Regular Meeting of
Apri126, 2004, as amended.
Moved by Simmons, seconded by Beaver
~'" Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
'"" MOTION CARRIED
2. Courtesy of the Floor to Visitors
A. Presentation by First Coast Metropolitan Planning
Organization -Jeff Sheffield
Jeff Sheffield, Director of the First Coast Metropolitan Planning
~ Organization, presented a draft of the Transportation Improvement Program
for fiscal years 2004/05 through 2008/09 to the Commission. Mr. Sheffield
emphasized the projects affecting the beaches area. A copy of the report is
~„ attached and made part of this official record as Attachment A.
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May 10, 2004 REGULAR COMMISSION MEETING Paee
A question and answer session followed the presentation. Commissioner
~" Waters inquired concerning the status of the Hodges/Atlantic Boulevard
project. Mr. Sheffield indicated that the intersection work would be a
Jacksonville Transportation Authority (JTA) project with FCMPO review
"~ and the specifics of the project were still to be determined.
Commissioner Beaver inquired if anyone had looked at the condition of A-
1-A in Neptune Beach from Seagate to Atlantic Boulevard, and asked if the
resurfacing project from the St. Johns County line to 34th Street could be
completed sooner than the FY 07/08 projection. Mr. Sheffield stated that
the project was a Florida Department of Transportation (FDOT)/JTA
project and the FDOT sets the project rankings. Commissioner Beaver
stated that A-1-A was a federal highway and inquired if federal funds were
available for the resurfacing. Mr. Sheffield stated he would look into this.
Mayor Meserve requested that the city's Mayport Road median project be
coordinated with the JTA/FCMPO projects to keep road repairs and traffic
interruption to a minimum.
Commissioner Simmons inquired if the FCMPO was involved with the
landscaping for projects and Mr. Sheffield replied that they did not.
Mr. Sheffield reported that the FCMPO had moved into new offices located
at 1022 Prudential Drive.
B. Proclamation recognizing Public Works Week
Mayor Meserve read the proclamation in its entirety and presented the
document to Public Works Director Carper for display at the Public
Works building.
Sally Clemens of 1638 Park Terrace West requested that Garage Sale
signs be addressed along with the Open-House signs (Agenda Item 8C).
'"" Mrs. Clemens also reviewed the history of Johnston Island and urged the
Commission to keep the Conservation Lands zoning on the property.
Kevin Bennett of 4429 Jiggermast Avenue, Jacksonville, explained he
was requesting a Subdivision Waiver (Item 8B) to build four single family
detached houses on property zoned RG-1 on Kestner Road. Mr. Bennett
believed the single family homes would be in keeping with the single
family homes built in the recently completed Paradise Cove Subdivision.
He indicated that members of the Paradise Cove Homeowners Association
were present and supported the request.
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"~ May 10 2004 REGULAR COMMISSION MEETING Page 3
Keith Woodward of 1710 Main Street cited several problems he was
""'" having with a family in his neighborhood and requested assistance in
resolving the problems. Chief Thompson stated he would speak with Mr.
Woodward.
3. Unfinished Business from Previous Meeting
~' City Manager's A. City Manager's Follow-up Report
Follow-up Report
~ City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment B.
In addition to the written report Chief Thompson provided statistical data
verifying that speeding and the number of speeders had been significantly
reduced since the speed humps were installed on Plaza.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Reports: Code Enforcement,
Public Safety, Public Works and Utilities, and new Occupational
Licenses (City Manager)
B. Award annual contract for meter testing to Reed & Shows
Meters and Supplies in an amount not to exceed $14,662.00 (Bid
No. 0304-15) (City Manager)
Motion: ApArove Consent Agenda Items A and B as presented.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Report from the Tree Conservation Board
No one was present to report on behalf of the Tree Conservation Board.
Resolutions 6. Action on Resolutions:
None.
May 10, 2004 REGULAR COMMISSION MEETING Page 4
Ordinances 7. Action on Ordinances
A. Ordinance No. 10-04-22 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF
ORDINANCES FOR THE CITY OF ATLANTIC BEACH, CHAPTER
3, ALCOHOLIC BEVERAGES TO REPEAL AND REPLACE
SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS 3-1
THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING
REGULATIONS FOR THE LICENSING AND SALE OF
ALCOHOLIC BEVERAGES; ESTABLISHING APPROPRIATE
BUSINESS LOCATIONS FOR ON-PREMISE AND OFF-PREMISE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; AND
REGULATING THE CONSUMPTION AND POSSESSION OF
ALCOHOLIC BEVERGES UPON PUBLIC PROPERTY;
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 10-04-22 on final reading.
Mayor Meserve opened the floor for a public hearing. No one spoke and
the Mayor closed the public hearing.
There was no discussion.
~* Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~"' Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
Town Center Bracket A. Discussion and possible action related to Bracket Signs within
Signs Town Center and the Central Business District (Comm.
Simmons)
"~" Commissioner Simmons stated that she would like overhead bracket signs
to be installed in Town Center to assist those not familiar with the area to
find specific businesses. She felt the signs should be uniform in size and
"~" not too obtrusive and indicated that The Book Mark and Ukulele had signs
made and requested that staff check on their size.
May 10, 2004 REGULAR COMMISSION MEETING PaEe 5
Commissioner Beaver felt this matter should be referred to the members of
the Town Center Agency for discussion and input on a design for the signs.
Mayor Meserve requested City Attorney Jensen's opinion on the bracket
signs. City Attorney Jensen advised that the signs would hang over city
rights-of--way and reminded the Commission that in the past, businesses
whose signs overhung the right-of-way had been required to move the
signs.
Commissioner Waters believed the City of Neptune Beach, as well as
members of the Town Center Agency, should be involved in the discussion.
Mayor Meserve agreed with Commissioner Waters that more input was
needed. Discussion ensued and it was the consensus of the Commission to
refer the bracket sign issue to the Town Center Agency and the City of
Neptune Beach for their input.
NO ACTION WAS TAKEN
Subdivision Waiver B. Subdivision Waiver requested by Kevin Bennett to allow new
Kevin Bennett residential lots with width less than seventy-five feet at the
Building Restriction Line and less than 7,500 square feet of lot
area (City Manager)
.. Motion: Grant Subdivision Waiver to Kevin Bennett to allow new
residential lots with width less than seventy-five feet at the Building
Restriction Line and less than 7,500 square feet of lot area.
Mayor Meserve requested the City Attorney's opinion on the requirements
to legally grant a subdivision waiver. The City Attorney responded that to
grant a waiver, the request must meet the criteria set forth in Section 24-191
of the Zoning Ordinance. A copy of the staff report listing criteria for
granting a waiver is attached and made part of this official record as
Attachment C.
Commissioner Waters inquired as to the impact granting the waiver would
!~'" have to the Comprehensive Plan, the tree canopy and the impervious
surface requirement. Community Development Director Doerr explained
that the Comprehensive Plan set the limits for the number of units that could
~" be built on the property and there was no difference on the permeability
between the single family and town homes. The impact on the tree canopy
was unknown.
Discussion ensued. Commissioners Beaver and Simmons expressed
concern that granting the waiver would set precedence for future
~" development. Mayor Meserve pointed out that no hardship had been
May 10, 2004 REGULAR COMMISSION MEETING Page 6
demonstrated, and the Commission could not grant the waiver because the
request did not meet the listed conditions for granting a waiver.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 1 -Waters
Nay: 4 -Beaver, Parsons, Simmons, Meserve
MOTION FAILED
Open House Signs C. Discussion and related action regarding Open-House signs
(Mayor)
~.
Mayor Meserve stated that the current ordinance allowed two signs on the
property for an open house. He proposed keeping a limit of two signs, but
~,., allowing one sign to be placed off-site on private property.
City Manager Hanson reported that staff had removed numerous signs from
„~ city property in the past few months and indicated that the ordinance must
be enforceable on its own merit.
Discussion ensued. Commissioner Parsons reiterated his previous position
to keep the current sign ordinance. Commissioner .Simmons stated that
Neptune Beach and Jacksonville Beach do not allow off-site signs and there
were other methods of advertising open houses. Commissioner Beaver
stated that he had spoken with a member of the local Realtors Association
and they had no problem with the current ordinance.
It was the consensus of the Commission to leave the sign ordinance as is.
NO ACTION WAS TAKEN
9. City Manager
City Manager's Report A. City Manager's Report
City Manager Hanson reported on the following items:
• Reported the other beach cities were going to consider ordinances to
~" regulate the possession and use of fireworks and inquired if the
Commission wished to adopt a similar ordinance.
Discussion ensued and Mayor Meserve indicated that the city's
ordinance needed to be consistent with the other beach cities. He
directed staff to prepare the ordinance.
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May 10 2004 REGULAR COMMISSION MEETING Paee 7
•:• Reviewed the city's septic tank conversion program and reported that
those residents who were still on septic tanks were one year away from
the deadline to convert to the public sewer system. He indicated at the
beginning of the program 279 residents were on septic tanks and now
the number of residences on septic tanks was 177. He indicated that he
would send letters to remind those property owners of the requirement
to convert to the public sewer system.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
~„ City Commissioners Attorney
City Attorney
Commissioner Beaver
• Reported he had been contacted by the property owner and requested
that staff look into the placement of a fire hydrant on the property
~,. located at 208 Belvedere Street.
• Commented on how well the city's new drainage system worked during
~. a recent heavy rain, which occurred at high tide.
• Complimented staff for the number of good quality trees being planted
•~ around the city.
• Commended Commissioner Parsons for the Atlantic Beach Public Art
~" Commission's (ABPAC) successful Artists' Tour and reception held at
the Adele Grage Cultural Center.
Commissioner Waters
• Noted that the Animal Control Officer was working on the beach over
the weekend.
• Requested that staff check into the City of Jacksonville program to
preserve historic neighborhoods.
• Referenced Item 8B and commented that he would rather see the
property developed as single-family homes.
Commissioner Parsons
• Reported that ABPAC Artists' Tour was very well attended and had
raised $2,600 for public art.
• Reported that he had visited Skate Road, Hopkins Creek and Aquatic
Gardens during the recent heavy rains and there was no flooding and
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'~ May 10, 2004 REGULAR COMMISSION MEETING Page 8
wondered if the City Commission should reconsider its plans for
~'" drainage improvements in the Aquatic Gardens area.
Adjournment There being no further discussion, the Mayor declared the meeting
""" adjourned at 8:40 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk